The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. (my emphasis)
One would argue that the Supremacy Clause specifically prohibits to the states the right to nullify federal law (a broad class of actions which would include secession). But obviously, as you point out, the whole thing was disputed at the time. Which is one of the reasons why these kinds of arguments can be a bit silly. My point wasn't to make an airtight case against secession, but to point out that a pretty good constitutional argument can be made, using the text of the constitution, to show that secession, at least as carried out by the southern states in 1860-1, was unconstitutional.
Wow, quite an argument. A few points:
The argument that tariffs caused the civil war is an old one, and a bogus one. The southern states seceded because they didn't like the Republican policy that would ban slavery in the territories, and feared that this would be the beginning of the end of the slaveholding system. Period. The Whigs in 1840 won with a pledge to raise tariffs, and they won with, well, a great deal of southern support. Louisiana sugar planters, in fact, were explicitly dependent on high tariffs in order to make a profit - otherwise, cheap Cuban and Brazilian sugar would have driven them out of business.
As far as Graydon's proposal, not only is it rather horrifying, it's also, well, how to explain this? Graydon is upset that the Union didn't "finish the job". What, exactly, is the job he's referring to? For nearly everybody at the time, the principal job was not to ensure black equality. It was to ensure the restoration of the Union. For that purpose, what happened after the war worked fairly well. As far as helping black people achieve equality, well, I think a whole lot more could have been done without having to resort to the kind of measures Graydon has advocated, and I think his measures would, in many ways, have made the restoration of the union - by far the most important goal to the people of the time (and, even today, I think, one which most people would have to agree is an important one) - nearly impossible.
The Cromwell analogy Graydon made a long time ago was particularly inapt - if he was referring to Cromwell in Ireland, surely Cromwell's behavior did very little to quell Irish unrest in the long term, and even in the short term only left it to simmer beneath the surface. If he was referring to Cromwell in England, well, Cromwell really left almost no legacy in England - within two years of his death, the King was back on the throne, and things were back basically to how they were before the Civil War. 1688 (or even 1714, perhaps) was by far the more important year for English constitutional history (and was, surprisingly enough, a bloodless revolution)
Anyway, one thing this whole argument shows is the way that the Civil War is still a massively important contemporary issue in America today, due largely, I'd imagine, to the harrowing course of the history of race relations in this country. We don't find Americans arguing heatedly, for instance, over the merits of the Spanish-American War, which was surely one of the less justified wars that history provides us with example of. Nevertheless, a discussion of said war will rarely devolve into heated debates of possible counterfactuals.
And as far as the question of why secession would be unconstitutional, I believe the Supremacy Clause of the US Constitution says that no state can, on its own authority, revoke the laws of the United States. Which suggests to me that an ordinance of secession passed under state law (which would, by the by, involve the revocation of numerous federal laws, such as tariff law) would be unconstitutional on those grounds. Secession would not be unconstitutional in and of itself, but congress would have to pass a law to legalize secession, which it did not do.
I don't know about "Trotskyists", Trotsky himself was pretty fine with Lenin's brutality, and only started developing a conscious after Stalin shunted him aside in the leadership. Even in exile, he didn't criticize even such things as Lenin's persecution of the SRs and Mensheviks.
| Year | Number of comments posted |
|---|---|
| 2003 | 4 |
| 2002 | 2 |
Total: 6 comments. View all these comments on a single page.
The most recent 20 comments posted to Electrolite by John:
Show all comments by John.